SAHID KHATUN Vs. SECY TEZPUR HINDUSTANI MUSLIM PANCHAYAT

JUDGEMENT

(1.) Earlier a Commission was appointed by this Court to sort out the matter. The Commissioner has submitted a report and there he has stated that the present: appellants are not willing to compromise the: matter and as such this matter is heard.

(2.) I have heard Mr. B.K. Goswami, learned counsel for the appellant and Mr.D.K. Bhattacharyya, learned counsel for the respondents. This Second Appeal is against the concurrent findings of facts by both the courts below. The respondents herein filed a suit for declaration of right title of tHe plaintiff over the suit holding described in schedule-A and for a further declaration that the land described in Schedule-B is a Gbvemment reserved land for the Masjid and for consequential relief of recovery of possession of the said land as described in the Schedule and for further declaration that the properties described in Schedule-C belongs to the plaintiff.

(3.) The mosque in question was established in the year 1920 by some followars through contribution and subscriptions On a plot of land reserved for masjid by the Government of Assam measuring 3 Kathas 15 Lessas covered by Dag No. 1741 (old), 1223 (new) at Abdul Hamid Road of Tezpur town & PS having fallen ill prior to about 3 months of his death being unable to discharge his duties of Imamship, Hafiz Aminul Haque was appointed to perform the Imamship of the said Masjid and utltimately on 12.3.78 Hafiz Mamtazuddin Ahmed died. Thereafter a separate Managing. Committee was constituted to manage the Mosque. The plaintiff Society was registered under the Societies Registration Act, 1860. In terms of the said Constitution of the Society, all the properties of the Masjid including the Maktab building vested on the said Executive Committee of the plaintiff Society and since then they are managing the same. Hazi Hafiz Mamtazuddin Ahmed was allowed to occupy the said building during his life time by virtue of his Imamship of the said Masjid and the defendants in the suit being family members were staying with him in the said building and with termination of his Imamship of the said Masjid due to his death on 12.3.78 the defendants have forfeited all rights to continue in the building and they are legally bound to hand over the vacant possession of the said building and premises to the plaintiff. After the death of late Hazi Hafiz Mamtazuddin Ahmed, Several requests were made to the defendants to vacate the premises, but the defendants instead of vacating the premises has started to set up hostile title to the said building and premises by their various acts of commissions. As the defendants did not vacate the premises, necessary notice was issued according to law, but the defendants inspite of receipt of the notice, constructed Gumti on the said land. Hence the suit with the following prayers: